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View Full Version : Husband is in foreclosure on a co-op apt that I paid for. Can I place a lien on it?


krmen4545
Jan 13, 2012, 11:18 AM
Hi my husband bought a co-op apartment for us to live in it but I paid for it. He then took out mortgage that we could not afford without telling me, as result he is in foreclosure now. Can I place a lien on the apt to try and recover my money I am not on apartmy name is not on the mortgage or on the apartment title.

JudyKayTee
Jan 13, 2012, 11:20 AM
I believe your action is against him - once he's in foreclosure you can't file a lien.

Do I have this right? You bought the co-op (and can prove it) but put it in his sole name, not yours?

ScottGem
Jan 13, 2012, 11:22 AM
First, you have to sue him and get a judgment against him to place the lien. But even if you do, the mortgage is primary, so you wouldn't get anything unless its sold for more than is owed to the bank.